Transcript of the International Agencies’ Joint Press Conference

OHR, Oleg Milisic

OSCE, Mersiha Causvic

EUPM, Vedrana Dimitrijevic

ICTY, Matias Hellman

EUFOR, Frank Cockburn

NATO, Derek Chappell

 


OHR


High Representative Lobbies
For BiH inBrussels


The High Representative is in

Brussels

today where this evening he
will meet with the European Unions High Representative, Javier Solana and the
Commissioner for Enlargement, Olli Rehn. 


The High Representative will discuss the current  situation in BiH
following the RSNA’s vote on police restructuring which has stalled further
negotiations with the EU on a Stabilisation and Association Agreement.  EU
Foreign Ministers meeting in

Luxembourg


yesterday again highlighted the necessity for an agreement on police reform in
order for the opening of negotiations of an SAA to be considered.


Today’s  meetings will examine the consequences of the RSNA’s decision,
and the future implications that BiH’s isolation in the region will bring. They
will note that the current position taken by the RS government is not risk
free,  and that it will bear consequences in terms of the EU’s policy and
in its plans for economic assistance in BiH, and the RS in particular.


EU assistance is based on the premise that BiH and the RS is serious about
going to Europe – and if the conclusion is that the RS as an entity is not
really interested in the EU, except on its very special terms, then there
are  other places that aid money could be used.


Debate will also focus on future policy in the case that the RS government is
willing to resume talks on police restructuring in accordance with the EU’s
three principles – that presuppose that policing regions cross the IEBL in order
to meet the criteria.


The HR will underline that – despite the events of the past few weeks – 
the mood of the populous hasn’t changed. He will note that opinion polls
consistently show that the vast majority of the population wish to see an
increase in EU engagement in the country. In the case that the RS government
moves ahead with police restructuring, today’s meetings will look at ways to
unblock the current impasse.


 


PDHR Butler
Calls For Practical Steps For Single Economic Space


The Principal Deputy High Representative, Larry Butler, is speaking this
morning at a Conference on the Single Economic Space in BiH. Ambassador Butler
will focus on practical steps that the BiH authorities must take in order to
ensure that the Single Economic Space begins to deliver better standards of
living to the people of BiH.


The BiH Competition Law must be harmonized so that the Competition Council,
which is now operational, can begin to take binding decisions that stop
companies from abusing market dominance (by putting up prices, for example).


The Consumer Protection Law, which will establish an Ombudsman to protect BiH
consumers from dangerous products, must be sent from MOFTER to the Council of
Ministers and thereafter to the BiH parliament.


The law establishing a Market Surveillance Agency that will ensure that
products that are harmful or substandard are taken out of circulation, must be
implemented. Currently there is no efficient mechanism to prevent dangerous
goods from being dumped in BiH.


The BiH Standardization Agency, which will help manufacturers meet minimum
quality requirements and thus protect consumers, must be made fully functional.
Likewise the BiH Statistics Agency has to be staffed adequately so that it can
generate the statistics that will encourage investment and so create jobs.


The BiH Phytosanitary Agency, established by law two years ago, still doesn’t
have premises. This should be rectified during the summer, clearing the way for
the Agency to start helping BiH farmers export their products to international
markets.


I’ve brought along copies of the speech.


 


OSCE


The OSCE

Mission

to BiH
acknowledges the importance of interstate-cooperation in war crimes
cases


Following the OSCE expert-level meeting in inter-state cooperation in war
crimes proceedings organized in

Palic,

Serbia

, last November, the
OSCE Mission to

Croatia


organized a follow-up meeting in Brijuni on 7-10 June. The meeting started with
a ministerial meeting where the ministers of justice from

BiH,

Croatia

and

Serbia

and

Montenegro


agreed on the need to support the process initiated in Palic. An expert-level
meeting followed with experts from the three countries discussing the mechanisms
for cooperation in conducting trials of citizens for war crimes committed in
other states, as well as the developments in institutionalization of
witness/victim services in light of Palic.


The OSCE Mission to BiH acknowledges the importance of interstate-cooperation
in war crimes cases in order to ensure fair trials and effective prosecution of
war criminals. The

Mission

stands
ready to support the BiH practitioners in this ongoing process and praises the
BiH delegation who attended the Brioni meeting for their contributions and
suggestions. The issues at stake are sensitive and require close cooperation
between the three countries to come to an agreeable solution.


Ambassador Victor A. Tkachenko visits Kid’s Festival


The OSCE Mission to Bosnia
and Herzegovina

is glad, once again, to be
able to support the biggest youth event in Bosnia
and Herzegovina

, Kid’s Festival, between 10-16
June 2005.


Deputy Head of the OSCE Mission to

Bosnia and Herzegovina

, Ambassador Victor A. Tkachenko,
will visit the Kid’s Festival today. Same as last year, the
OSCE Mission to BiH will take an active part and host Human Rights
Workshops. Children will learn about human rights through different ‘thinking
games’. They will be exploring the issues ranging from equality to
social and economic exclusion, discrimination, freedom of opinion and the rights
contained in the Convention on the Rights of the Child.


The OSCE Mission to BiH anticipates that this years Kid’s Festival will once
again be a great success.


All media are cordially invited to cover this visit.  


 


EUPM


As the tenth anniversary ceremony to commemorate the
Srebrenica victims is approaching, the EUPM is monitoring the security
planning of the Republika Srpska Ministry of Interior. As it was the
case in previous years, the RS Ministry of Interior will have the leading
responsibility for co-ordinating efforts with the BiH Federation police, as
well as with BiH Ministry of Security and SIPA, to ensure that a safe and
secure environment is provided in and around Srebrenica on the day, as well as
freedom of movement of all traffic to and from the ceremony. With
regards to this, EUPM welcomes the initiative of the RS MoI this week
to establish a police co-ordinating unit called ”Srebrenica 2005”, which
will oversee the necessary policing and security arrangements for all
attendees. 


As this year’s ceremony is expected to see an especially large
number of local, as well as foreign officials, the EUPM
is liaising closely with the RS Ministry of Interior, Federation BiH
Police, BiH Ministry of Security and SIPA, and will offer
any assistance in preparing the overall operational security plan
for the event. As part of this co-operation effort, the EUPM
has this week opened an office in Srebrenica, which will
remain staffed until the ceremony is completed.


 


ICTY


Good morning to you all on behalf of the ICTY.


You are all aware that the President and Chief Prosecutor of the ICTY
yesterday addressed the United Nations Security Council, giving their
assessments on the progress made towards implementation of the Completion
Strategy of the Tribunal.


I have copies of both speeches for you, as well as copies of the written
assessments submitted on 25 May.  I would like to draw your attention to
some elements discussed by the President, Judge Theodor Meron, in his speech,
which are of particular interest to Bosnia and
Herzegovina
.


First, President Meron highlighted the opening on 9 March 2005of the War
Crimes Chamber of the State Court of Bosnia and Herzegovina, which is now in a
position to accept cases which the Tribunal’s Referral Bench may decide to refer
to the authorities of BiH. The ICTY continues to strongly support the work of
the War Crimes Chamber.


Second, concerning state cooperation, the President said that the RS
authorities have assisted in the context of the arrival of some indictees and
fugitives, but that co-operation is still lacking with regard to the need to
locate and arrest such notorious fugitives as Radovan Karadžić and Ratko
Mladić. 


He also stressed the need for Governments in the region to redouble their
efforts for judicial cooperation between their own authorities. 


The President once more clearly said that the Tribunal will not close its
doors until Karadžić, Mladić, and Gotovina have been arrested, brought to

The
Hague

, and tried before the
Tribunal in accordance with the full procedural protections recognized by our
jurisprudence.


The President particularly stressed that it is a shame that Karadžić and
Mladić are still at large, 10 years after Srebrenica. He quoted one part of the
Appeals Chamber Judgement of Radoslav Krstić which confirmed that “[b]y
seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces
committed genocide
”. 


It is clear that the delays in apprehending fugitives slows down the process
of justice in

The Hague

. This is one
of the factors which lead the President to conclude that trials will necessarily
have to be conducted in 2009, therefore adjusting the previous target of
finishing all trials by the end of 2008.


And now, I would like to turn to another matter. The Trial Chamber in the
case of Naser Orić rendered last Wednesday it Oral Decision Pursuant to Rule
98bis. This is a rule that enables the Trial Chamber to acquit the
defendant of some or all charges half way through the trial, if it considers
that the Prosecution has not presented evidence that would allow any reasonable
trial chamber to find that guilt of the accused has been proved beyond
reasonable doubt.


In its Oral Decision the Trial Chamber ordered the continuation of the case
against Naser Orić in relation to those counts of the indictment, which concern
murder and cruel treatment of individuals of Serb ethnicity and wanton
destruction of villages with predominantly Serb population.


The Trial Chamber said, however, that there was no evidence capable of
supporting a conviction for certain alleged incidents within those counts – the
alleged murder of one person, the alleged cruel treatment of another person, and
the wanton destruction in the villages of Radijevići and Božići. Consequently,
Orić’s defense will not have to address those particular incidents.


The Trial Chamber acquitted Orić on two counts which concerned the plunder of
cattle, furniture and television sets. As to furniture and television sets, the
Trial Chamber said that there was very little evidence pertaining to that.


As to the plunder of cattle, the Trial Chamber said that there was ample
evidence which, if believed, could lead to the conclusion that several hundred
heads of cattle were appropriated during or immediately after the attacks. 
The Chamber, however, said that any criminal responsibility of Naser Orić was
offset by the real and present necessity to acquire food for the survival of the
population of Srebrenica.


Further, the Chamber stated that there was abundant evidence that Srebrenica
was isolated, that the starving population was drastically increasing with the
influx of refugees and that there had been repeated calls for help. The Chamber
concluded that there was no evidence that the taking away of cattle was
disproportionate or that the direct perpetrators of the appropriation of cattle
had brought about the humanitarian situation themselves, but rather that these
acts had become indispensable for the survival of the population of
Srebrenica.


That is all from the ICTY today, thank you for your attention.


 


EUFOR


No statement today.


 


 NATO


No statement today.


 


RTQs


Nick
Hawton
, BBC News:


Can NATO, EUFOR and ICTY just give me the latest position on Mladić? 
Lots of rumors in Belgrade that some negotiations are going on, do those three
organizations believe he is in this country or in Serbia?  What’s the
current thinking?


Derek Chappell, NATO:


I’ll start your answer.  I don’t think we can comment on reports of
events that are happening inside another country, inside Serbia.  I think
you are directing your question at the wrong agency.  I would note that
every year at this time there is renewed speculation about Mr. Mladić and Mr.
Karadžić.  Every year at this time as we approach the anniversary of
Srebrenica there is speculation about them surrendering or being handed in or
captured before the anniversary of Srebrenica.  That is happening again
this year with the additional impetus of it being the tenth anniversary.  I
can only say that as you have seen over the past months, we are continuing our
efforts to locate these people and to locate evidence and information about
their supporters, their support networks.  I have no new information to add
to that.


Frank Cockburn, EUFOR:


From EUFOR standpoint I think we firmly support what NATO are doing and as I
said, we are continuing our efforts here and intelligence gathering to apprehend
these PIFWICs.  That’s all.


Matias Hellman, ICTY:


I will just quote from the speech of Carla del Ponte before the Security
Council, and you will of course get a copy afterwards.  She said: “Another
seven fugitives are within reach of the Serbian authorities alone or in
cooperation with Montenegro and Republica Srpska within Bosnia and Herzegovina:
Karadžić, Mladić, Tolimir, Hadžić, Milan and Sredoje Lukić, and Župljanin. 
(So Mladić is within those.)  Karadžić, Mladić and Tolimir are the
three accused most responsible for Srebrenica.  Prime Minister Koštunica
gave me assurances that his government will deliver on these remaining
fugitives, and I expect him to fulfill his commitment.”  And she goes on a
bit, I’m just quoting from her speech and I’ll let you read the copy yourself
and make your conclusions from that.


Nick Hawton, BBC News:


So the ICTY believes that Mladić is in Serbia?


Matias Hellman, ICTY:


Well I can’t say that.  First of all this is the speech by the
Prosecutor and I don’t represent the Prosecutor, I represent the Register of the
Court.  So, what the Prosecutor is saying here, I’ll let you interpret her
words yourself.  I can’t add anything to that.


Journalist #1:


For Mr. Hellman: Reports have been published in the media saying that Hague
investigators, this morning or already, have conducted talks with a certain
number of persons in the Zenica area and some other locations, so can you
confirm this or tell us something more, if possible?  


Matias Hellman, ICTY:


I cannot confirm such a thing, especially because, as I’ve already mentioned,
I do not work for the Prosecutor’s Office.  I cannot comment on what the
Hague investigators are possibly doing and I have no information concerning this
matter.


Journalist #2:


In regards to arresting Radovan Karadžić there has been a lot of speculation
about the existence of a gentlemen’s agreement made between him and
Holbrooke.  Also there has been constant talk of there being no political
will amongst the western European countries and America to arrest Karadžić, are
the NATO forces and other structures therefore admitting that they are powerless
and weak or do they not want to arrest Radovan Karadžić? 


Derek Chappell, NATO:


You are addressing your question to NATO, but there is a political element to
your question and I can only answer on behalf of NATO.  I think you have
seen the extent of our efforts over the past months and years, the operations we
have conducted, the searches we have conducted to locate these people.  We
have arrested, detained, supported the local authorities in the detention of
many PIFWICs in this country and I don’t think our commitment can be
doubted.  If you have questions of a political nature then they should not
be directed at NATO, they should be directed at political agencies.  I’m
answering on behalf of NATO: our commitment is clear and demonstrated.  As
there is evidence to search for these people and to gather evidence, we will do
so.  If we had evidence as to where they are we would support local
authorities in an instant to locate and detain them.  We’re doing that in
the interests of the future of this country and that is our commitment.


Journalist #2:


Does this mean that the powerful NATO has been powerless to arrest and locate
Radovan Karadžić for all these years, ten to be exact?  Does this mean that
the powerful NATO pact is powerless to arrest Radovan Karadžić after ten whole
years?


Derek Chappell, NATO:


Firstly NATO is not a policing agency.  There are competent security
agencies within Bosnia and Herzegovina who know this country intimately, they
have local sources, local contacts and they are the competent authorities to
search for and arrest these people.  We are here to assist and
support.  We are not here to conduct searches of every village, of every
house.  We act when there is evidence that leads us to a location, that
leads us to an operation being necessary at that time and at that place. 
Where that evidence has been gathered we have acted.  It’s very unfortunate
that they have not been captured yet, but it is not due to any lack of effort on
the part of NATO.  You have seen our commitment over the past years. 
I would suggest that the responsibility lies with the people who support
them.  They have very active support networks.  A huge amount of
public money is diverted from the best interests of the people of this country
towards supporting these people, and your inquiry should best be directed at the
military, the extremist organizations that support them and allow them to remain
at large.  These are the people we are trying to fight.


Matias Hellman, ICTY:


I’ll add something simply by quoting again from the speech of the Chief
Prosecutor and I remind again that I do not work for the Chief Prosecutor. 
I’m quoting from her speech before the Security Council.  She said: “It is
essential that the authorities in Podgorica and Banja Luka cooperate more
closely with Belgrade, and also with NATO and EUFOR in Bosnia and
Herzegovina.  This is the most promising way to locate Radovan
Karadžić.  Also, the political support of the international community
remains of paramount importance.  It is encouraging that in Brussels and in
Sarajevo I was assured by NATO and EUFOR commanders of their full commitment in
respect to this issue.”


OHR:  Okay.  If that’s it, thank you very much.

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